The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1887-04-22
The Jury peIiberating.


SIOUX CITY, April 16-Hon. ". ID.
O'Connel concluded his argument be-
fore the jury in the Haddock case at
about 3 p. III. today, and after q short
recess, Judge Lewis began with his
instructions which took until 4:3O, at
which time the jury retired There is
much speculation as to what the YER
dict will be. and it is awaited with
much interest. The trial began March
23d, and has lasted twenty-four full
days.
The instructions of Judge Lewis to
the jury are quite voluminous. The
reading of them occupied one hour
and twenty minutes. The preliminary
instructions define the degrees Of mur-
der under the Iowa statutes according
to which murder in the first degree
consists OF willful. deliberate, premed-
tied killing or killing by poison or ly-
ing in wait. and the Judge instructed
the jury that under the Indictment for
murder in the first degree, a verdict for
inferior degrees could be found, or
even a verdict for simple assault.
The vital point of the instructions,
however, was that relating to the
question Of conspiracy, upon which
question the great battle of the case
was fought. and the court instructed
the jury that the question of the exist
ence OF a conspiracy was one properly
raised under the Indictment for mur-
der, and it is question OF fact for the
jury to decide; and if the jury
shall find that there was conspiracy
to kill Haddock and that the defendant
was one of the parties to it, then the
court instructs that he may be found
guilty of murder In the first degree,
even though he did not himself fire the
fatal shot, and even though he we're
not present when the shot was fired;
and if the jury shall find that there was
a conspiracy to assault and do bodily
injury to Haddock, and the defendant
was party to the conspiracy, and if in
carrying out the unlawful attempt
Haddocl was killed, though it was not
originally intended to do so, then the
court instructs that the defendant may
be found guilty OF murder; and if the
jury shall find that there was a con-
spiracy with intent to kill or to assault
Haddock, then all the declarations and
acts of all the parties to the conspiracy
in pursuance thereof, although not in
the presence of the defendant, are tc
be considered as proper evidence fol
the consideration of the jury in regard
to the defense OF an alibi, and the
court instructed thatit was easily man
ufactured and said that it must be sup
ported by preponderance Of the evi
dence, and the evidence in support o1
it is to be considered with caution.
The sensational feature of the in
struction was that in which the cour
alluded to one member of the jury wht
from the first of the trial, the cour
said had showed stubborn disposition
and determination not to consider O.
study the evidence The court said h
had never before seen in tn
jury box so fragrant violation
of the duty of a juryman ant
he added that the juryman to whom h
referred was not Adair, i'll regard t.
whose conduct. outside Of the cour
room criticism has been made in tn
public prints. The court expressed tn
hope that the juryman whom he re
buked would dispose himself to let
ter course when the jury retired t
its room. At IL o'clock tonight tn
jury had not returned from its room
and there is no prospect of hearin
from it tonight
rnuf;uunJ F,,np, Eirl,%h Do.an